Albert Byrd v. Midge Carroll, Warden

967 F.2d 584 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Albert BYRD, Petitioner-Appellant, v. Midge CARROLL, Warden, et al., Defendants-Appellees. No. 89-56324. United States Court of Appeals, Ninth Circuit. Submitted May 8, 1992. * Decided May 29, 1992. Before TANG, SCHROEDER, and BEEZER, Circuit Judges. 1 MEMORANDUM ** 2 Albert Byrd was convicted in California State court on charges of murder, sodomy, lewd act involving a child under 14, and felony child abuse (in violation of Cal.Penal Code §§ 187, 286(c), 288(b), and 273a(1)). Having exhausted state procedures, Byrd petitioned for a writ of habeas corpus in the district court. 3 Byrd first claims that the district court erred in refusing to hold that Byrd's taped statements were involuntary. The district court properly deferred to the findings of the state appellate court which found that the statements were voluntary. The issue was a factual one concerning resolution of what was at best a conflict in…